So I just got ths here BIG radio

What channel does radio ray talk on?? i feel like being aggravating today. HEheh

[Fredog]

What channel does radio ray talk on?? i feel like being aggravating today. HEheh

any channel on the 10 meter band will be fine

[Twilight Flyer]

Git 'er dun!

[countryhorseman]

Ugghh!

[RadioRay]

Won't bother me "a-tall" (sic)! Like The FCC Special Counsel for Amateur Enforcement told me, (quote) "You can't regulate STOOPID!" If people decide to do something, they'll do it! (That's why there are people who think they can jump the grand canyon!) And its why there are people who think that, once they have a mike in their hand, they are all-powerful! It's why people who think they are "big and bad" end up like these! Yeah, they're just so "big and bad" wid dem thar extree channels!

************************************************** **********
FEDERAL COMMUNICATIONS COMMISSION ENFORCEMENT BUREAU

Northeast Region Chicago Office
1550 North Northwest Highway, Room 306
Park Ridge, IL 60068

March 21, 2007

CERTIFIED MAIL NO: 7001 1940 0006 2993 3325

RETURN RECEIPT REQUESTED AND FIRST CLASS U.S. MAIL

Mr. Bruce Heimes
Clinton,
IN 47842

NOTICE OF UNLICENSED OPERATION

Case Number: EB-07-CG-152 Document Number: W20073232001

The Chicago Office received information that your Citizens Band Radio Service radio station was being operated illegally and causing interference to Clinton Township Volunteer Fire Department's radio communications. On February 28, 2007, agents from this office inspected the radio station at your location and confirmed that you were operating a Yaesu FT-757, Galaxy DX 99V, Galaxy DX 44V, and General AP Hill DX 2517 which are non-certified CB transceivers. Your transceivers were also connected to RF power amplifiers. By using non-certified equipment, you voided your authority to operate this station. Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S 301. You are hereby warned that operation of radio transmitting equipment without a valid radio station authorization constitutes a violation of the Federal laws cited above and could subject the operator to severe penalties, including, but not limited to, substantial monetary fines, in rem arrest action against the offending radio equipment, and criminal sanctions including imprisonment. (see 47 U.S.C. SS 401, 501, 503 and 510). UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED IMMEDIATELY. You have ten (10) days from the date of this notice to respond with any evidence that you have authority to operate granted by the FCC. Your response should be sent to the address in the letterhead and reference the listed case and document number. Under the Privacy Act of 1974, 5 U.S.C. S 552a(e)(3), we are informing you that the Commission's staff will use all relevant material information before it to determine what, if any, enforcement action is required to ensure your compliance with FCC Rules. This will include any information that you disclose in your reply. You may contact this office if you have any questions. James M. Roop Acting District Director Chicago Office Attachments: Excerpts from the Communications Act of 1934, As Amended Enforcement Bureau, "Inspection Fact Sheet", July 2003

("big, bad reddio, indeed" HA!)

All he has to now do is SNEEZE, and he'll get the fine he richly deserves!

************************************************** ***********

This one is even better :twisted:

Before the Federal Communications Commission Washington, D.C. 20554 ) )

In the Matter of ) File Number: EB-05-HU-045

Marcus A. Roberts )

NAL/Acct. No.: 200732540001 Houston, Texas )

FRN: 0004307195 ) )

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Released: January 3, 2007 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I.

INTRODUCTION

1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Marcus A. Roberts apparently willfully violated Section 301 of the Communications Act of 1934, as amended ("Act"), by operating an unlicensed radio transmitter. We conclude, pursuant to Section 503(b) of the Act, that Mr. Roberts is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000).

II. BACKGROUND

2. In response to a complaint of interference to household electronic equipment, on April 28, 2006, the Commission's Houston Office of the Enforcement Bureau ("Houston Office") issued Mr. Roberts a warning letter advising him that operation of Citizens Band ("CB") radio equipment with greater power than authorized in the Commission's Rules ("Rules") voids the authority to operate the station and is therefore considered unlicensed operation. The letter further advised that unlicensed operation is a violation of Section 301 of the Act, and could subject the operator to penalties including monetary fines.

3. On September 28, 2006, in response to another complaint of interference, agents from the Houston Office inspected the CB station located at Mr. Roberts' residence. During testing of Mr. Roberts' equipment, the agents determined that his CB station was producing the maximum power authorized in the Rules for CB radio stations. The agents verbally warned Mr. Roberts that any operation of his CB radio station with more power than observed during this inspection would be a violation of the Rules. The agents then inspected a CB radio station installed in Mr. Roberts' vehicle. The CB radio station in the vehicle included a CB transmitter and two linear amplifiers. The linear amplifiers observed had the capability to boost the power of the station to several hundred times the authorized power level. Mr. Roberts admitted to operating the amplifiers and exceeding the authorized power limit; but claimed that he only used this equipment outside the neighborhood. The agents again verbally warned Mr. Roberts that the use of linear amplifiers or any device that creates a power greater than the authorized limit is strictly prohibited by the Rules and voids the authority to operate the CB station.

4. On November 8, 2006, an agent with the Houston Office located the source of a strong signal on a CB radio channel using direction finding methods to Mr. Roberts' residence. The agent recognized the voice of the transmissions to be that of Mr. Roberts. The complainant contacted the agent by telephone to report that Mr. Roberts' transmissions were currently causing interference to her home electronic entertainment equipment. Mr. Roberts' voice was simultaneously observed on the vehicle receiver and on the telephone while talking with the complainant. The agent measured the signal strength of the radio transmissions from Mr. Roberts' radio station with a spectrum analyzer. Agents from the Houston Office then conducted an inspection of Mr. Roberts' CB station. Mr. Roberts admitted he had been operating the radio station prior to the start of this inspection. A wattmeter determined the power of Mr. Roberts' transmitter during the inspection to be four watts, the maximum authorized under the Rules. The complainant was contacted and was not receiving any interference from Mr. Roberts' transmitter while the agents tested the equipment. Without adjusting the output power of the transmitter, the agents conducted a second signal strength measurement, and this second measurement showed a reduction in power from the first measurement by a factor of 10. When asked about the obvious change in power levels, Mr. Roberts offered no explanation.

III. DISCUSSION

5. Section 503(b) of the Act provides that any person who willfully or repeatedly fails to comply substantially with the terms and conditions of any license, or willfully or repeatedly fails to comply with any of the provisions of the Act or of any rule, regulation or order issued by the Commission thereunder, shall be liable for a forfeiture penalty. The term "willful" as used in Section 503(b) has been interpreted to mean simply that the acts or omissions are committed knowingly. 6. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Section 95.410(a) of the Rules states that CB station transmitter output must not exceed 4 watts carrier power. Section 95.410(c) of the Rules also states that use of a transmitter which has carrier power in excess of that authorized voids your authority to operate the station. On November 8, 2006, agents from the Houston Office determined that Mr. Roberts operated his CB station with power greater than 4 watts carrier power. On April 28 and September 28, 2006, Mr. Roberts was warned that operation of his CB station in excess of 4 watts output power violated the Rules and voided his authority to operate his CB station. Because Mr. Roberts violated the CB Rules by operating overpower, he voided his authority to operate his CB station pursuant to Section 95.404 of the Rules. Based on the evidence before us, we find that on November 8, 2006, Mr. Roberts willfully violated Section 301 of the Act by operating a radio transmitter, his CB station, without authorization from the Commission.

7. Pursuant to The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the base forfeiture amount for operating without an instrument of authorization is $10,000. In assessing the monetary forfeiture amount, we must also take into account the statutory factors set forth in Section 503(b)(2)(D) of the Act, which include the nature, circumstances, extent, and gravity of the violations, and with respect to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Roberts is apparently liable for a $10,000 forfeiture.

IV. ORDERING CLAUSES

8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Marcus A. Roberts is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act.

9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent Liability for Forfeiture, Marcus A. Roberts SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.

10. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Acct. No. and FRN No. referenced above. Payment by check or money order may be mailed to Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106.

11. The response, if any, must be mailed to Federal Communications Commission, Enforcement Bureau, South Central Region, Houston Office, 9597Jones Road, #362, Houston, Texas, 77065 and must include the NAL/Acct. No. referenced in the caption.

12. The Commission will not consider reducing or canceling a forfeiture in response to a claim of inability to pay unless the petitioner submits: (1) federal tax returns for the most recent three-year period; (2) financial statements prepared according to generally accepted accounting practices ("GAAP"); or (3) some other reliable and objective documentation that accurately reflects the petitioner's current financial status. Any claim of inability to pay must specifically identify the basis for the claim by reference to the financial documentation submitted.

13. Requests for payment of the full amount of this Notice of Apparent Liability for Forfeiture under an installment plan should be sent to:

Associate Managing Director,
Financial Operations,
445 12th Street, S.W., Room 1A625,
Washington, D.C. 20554.

14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Marcus A. Roberts at his address of record. FEDERAL COMMUNICATIONS COMMISSION Stephen P. Lee Resident Agent, Houston Office South Central Region Enforcement Bureau 47 U.S.C. S 301. 47 U.S.C. S 503(b). Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act...." See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 47 C.F.R. S 95.404. 47 C.F.R. S 95.410(a). 47 C.F.R. S 95.410(c). 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S1.80. 47 U.S.C. S 503(b)(2)(D). 47 U.S.C. SS 301, 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80. ^8 See 47 C.F.R. S 1.1914. (...continued from previous page) (continued....) Federal Communications Commission 4 Federal Communications Commission.

-------------------------------------------------------------------------------------

Now, if you feel "lucky.........punk" (quoting from Dirty Harry) go right ahead! You "might" even get away with it................for awhile!
But, then..........................................ya just never know. Might be that little car with an odd antenna on it that just got you soooooo curious you can't STAND it is riding beside you in the left lane. You are talking to a buddy just ahead describing this unusual antenna. The little car is using one of those little keyring recorder thingys to record your info to turn in to the Feds. Ya just never know. Then the boss calls you into the office to explain why he has a letter from FCC...........................

Yeah, it's a crap shoot. Question is, is it WORTH that ONE shot to prove a CB op is "big and bad" and has this BIG radio? REALLY? Is it worth having to jerk that "big" radio OUT of your truck Only YOU can decide that. And only *I* can laugh at the drivers who get caught because I know what the company does when they get these letters! It is really up to only YOU! Now you could just give the 10 thou to ME, and I promise I will use it wisely!

RR

[countryhorseman]

Ray, These guys are goating you! They have no better thrill in life to aggrevate law abiding people.

Word of advice! QUIT!

I like you, do not condone or participate in unlawful activities, but these guys are just CB Rambo's, that probably own nothing more than a Cobra 25. Real professionals would not participate in this stupidity.

Use your talent and abilities elsewhere, and leave this guys to dream and act stupid.

If the moderators would do their jobs, and not condone the activities they claim to be participating, they would be warned and/or taken from the board. But since you encourage the comedy hour, they get away with it.

If you have something of value to post, then do it, but do not respond to the stupid comments after the fact. I have found myself doing that much to often.

Thanks,

Horseman

[Fredog]

Won't bother me "a-tall" (sic)! Like The FCC Special Counsel for Amateur Enforcement told me, (quote) "You can't regulate STOOPID!" If people decide to do something, they'll do it! (That's why there are people who think they can jump the grand canyon!) And its why there are people who think that, once they have a mike in their hand, they are all-powerful! It's why people who think they are "big and bad" end up like these! Yeah, they're just so "big and bad" wid dem thar extree channels!

************************************************** **********
FEDERAL COMMUNICATIONS COMMISSION ENFORCEMENT BUREAU

Northeast Region Chicago Office
1550 North Northwest Highway, Room 306
Park Ridge, IL 60068

March 21, 2007

CERTIFIED MAIL NO: 7001 1940 0006 2993 3325

RETURN RECEIPT REQUESTED AND FIRST CLASS U.S. MAIL

Mr. Bruce Heimes
Clinton,
IN 47842

NOTICE OF UNLICENSED OPERATION

Case Number: EB-07-CG-152 Document Number: W20073232001

The Chicago Office received information that your Citizens Band Radio Service radio station was being operated illegally and causing interference to Clinton Township Volunteer Fire Department's radio communications. On February 28, 2007, agents from this office inspected the radio station at your location and confirmed that you were operating a Yaesu FT-757, Galaxy DX 99V, Galaxy DX 44V, and General AP Hill DX 2517 which are non-certified CB transceivers. Your transceivers were also connected to RF power amplifiers. By using non-certified equipment, you voided your authority to operate this station. Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S 301. You are hereby warned that operation of radio transmitting equipment without a valid radio station authorization constitutes a violation of the Federal laws cited above and could subject the operator to severe penalties, including, but not limited to, substantial monetary fines, in rem arrest action against the offending radio equipment, and criminal sanctions including imprisonment. (see 47 U.S.C. SS 401, 501, 503 and 510). UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED IMMEDIATELY. You have ten (10) days from the date of this notice to respond with any evidence that you have authority to operate granted by the FCC. Your response should be sent to the address in the letterhead and reference the listed case and document number. Under the Privacy Act of 1974, 5 U.S.C. S 552a(e)(3), we are informing you that the Commission's staff will use all relevant material information before it to determine what, if any, enforcement action is required to ensure your compliance with FCC Rules. This will include any information that you disclose in your reply. You may contact this office if you have any questions. James M. Roop Acting District Director Chicago Office Attachments: Excerpts from the Communications Act of 1934, As Amended Enforcement Bureau, "Inspection Fact Sheet", July 2003

("big, bad reddio, indeed" HA!)

All he has to now do is SNEEZE, and he'll get the fine he richly deserves!

************************************************** ***********

This one is even better :twisted:

Before the Federal Communications Commission Washington, D.C. 20554 ) )

In the Matter of ) File Number: EB-05-HU-045

Marcus A. Roberts )

NAL/Acct. No.: 200732540001 Houston, Texas )

FRN: 0004307195 ) )

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Released: January 3, 2007 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I.

INTRODUCTION

1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Marcus A. Roberts apparently willfully violated Section 301 of the Communications Act of 1934, as amended ("Act"), by operating an unlicensed radio transmitter. We conclude, pursuant to Section 503(b) of the Act, that Mr. Roberts is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000).

II. BACKGROUND

2. In response to a complaint of interference to household electronic equipment, on April 28, 2006, the Commission's Houston Office of the Enforcement Bureau ("Houston Office") issued Mr. Roberts a warning letter advising him that operation of Citizens Band ("CB") radio equipment with greater power than authorized in the Commission's Rules ("Rules") voids the authority to operate the station and is therefore considered unlicensed operation. The letter further advised that unlicensed operation is a violation of Section 301 of the Act, and could subject the operator to penalties including monetary fines.

3. On September 28, 2006, in response to another complaint of interference, agents from the Houston Office inspected the CB station located at Mr. Roberts' residence. During testing of Mr. Roberts' equipment, the agents determined that his CB station was producing the maximum power authorized in the Rules for CB radio stations. The agents verbally warned Mr. Roberts that any operation of his CB radio station with more power than observed during this inspection would be a violation of the Rules. The agents then inspected a CB radio station installed in Mr. Roberts' vehicle. The CB radio station in the vehicle included a CB transmitter and two linear amplifiers. The linear amplifiers observed had the capability to boost the power of the station to several hundred times the authorized power level. Mr. Roberts admitted to operating the amplifiers and exceeding the authorized power limit; but claimed that he only used this equipment outside the neighborhood. The agents again verbally warned Mr. Roberts that the use of linear amplifiers or any device that creates a power greater than the authorized limit is strictly prohibited by the Rules and voids the authority to operate the CB station.

4. On November 8, 2006, an agent with the Houston Office located the source of a strong signal on a CB radio channel using direction finding methods to Mr. Roberts' residence. The agent recognized the voice of the transmissions to be that of Mr. Roberts. The complainant contacted the agent by telephone to report that Mr. Roberts' transmissions were currently causing interference to her home electronic entertainment equipment. Mr. Roberts' voice was simultaneously observed on the vehicle receiver and on the telephone while talking with the complainant. The agent measured the signal strength of the radio transmissions from Mr. Roberts' radio station with a spectrum analyzer. Agents from the Houston Office then conducted an inspection of Mr. Roberts' CB station. Mr. Roberts admitted he had been operating the radio station prior to the start of this inspection. A wattmeter determined the power of Mr. Roberts' transmitter during the inspection to be four watts, the maximum authorized under the Rules. The complainant was contacted and was not receiving any interference from Mr. Roberts' transmitter while the agents tested the equipment. Without adjusting the output power of the transmitter, the agents conducted a second signal strength measurement, and this second measurement showed a reduction in power from the first measurement by a factor of 10. When asked about the obvious change in power levels, Mr. Roberts offered no explanation.

III. DISCUSSION

5. Section 503(b) of the Act provides that any person who willfully or repeatedly fails to comply substantially with the terms and conditions of any license, or willfully or repeatedly fails to comply with any of the provisions of the Act or of any rule, regulation or order issued by the Commission thereunder, shall be liable for a forfeiture penalty. The term "willful" as used in Section 503(b) has been interpreted to mean simply that the acts or omissions are committed knowingly. 6. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Section 95.410(a) of the Rules states that CB station transmitter output must not exceed 4 watts carrier power. Section 95.410(c) of the Rules also states that use of a transmitter which has carrier power in excess of that authorized voids your authority to operate the station. On November 8, 2006, agents from the Houston Office determined that Mr. Roberts operated his CB station with power greater than 4 watts carrier power. On April 28 and September 28, 2006, Mr. Roberts was warned that operation of his CB station in excess of 4 watts output power violated the Rules and voided his authority to operate his CB station. Because Mr. Roberts violated the CB Rules by operating overpower, he voided his authority to operate his CB station pursuant to Section 95.404 of the Rules. Based on the evidence before us, we find that on November 8, 2006, Mr. Roberts willfully violated Section 301 of the Act by operating a radio transmitter, his CB station, without authorization from the Commission.

7. Pursuant to The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the base forfeiture amount for operating without an instrument of authorization is $10,000. In assessing the monetary forfeiture amount, we must also take into account the statutory factors set forth in Section 503(b)(2)(D) of the Act, which include the nature, circumstances, extent, and gravity of the violations, and with respect to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Roberts is apparently liable for a $10,000 forfeiture.

IV. ORDERING CLAUSES

8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Marcus A. Roberts is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act.

9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent Liability for Forfeiture, Marcus A. Roberts SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.

10. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Acct. No. and FRN No. referenced above. Payment by check or money order may be mailed to Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106.

11. The response, if any, must be mailed to Federal Communications Commission, Enforcement Bureau, South Central Region, Houston Office, 9597Jones Road, #362, Houston, Texas, 77065 and must include the NAL/Acct. No. referenced in the caption.

12. The Commission will not consider reducing or canceling a forfeiture in response to a claim of inability to pay unless the petitioner submits: (1) federal tax returns for the most recent three-year period; (2) financial statements prepared according to generally accepted accounting practices ("GAAP"); or (3) some other reliable and objective documentation that accurately reflects the petitioner's current financial status. Any claim of inability to pay must specifically identify the basis for the claim by reference to the financial documentation submitted.

13. Requests for payment of the full amount of this Notice of Apparent Liability for Forfeiture under an installment plan should be sent to:

Associate Managing Director,
Financial Operations,
445 12th Street, S.W., Room 1A625,
Washington, D.C. 20554.

14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Marcus A. Roberts at his address of record. FEDERAL COMMUNICATIONS COMMISSION Stephen P. Lee Resident Agent, Houston Office South Central Region Enforcement Bureau 47 U.S.C. S 301. 47 U.S.C. S 503(b). Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act...." See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 47 C.F.R. S 95.404. 47 C.F.R. S 95.410(a). 47 C.F.R. S 95.410(c). 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S1.80. 47 U.S.C. S 503(b)(2)(D). 47 U.S.C. SS 301, 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80. ^8 See 47 C.F.R. S 1.1914. (...continued from previous page) (continued....) Federal Communications Commission 4 Federal Communications Commission.

-------------------------------------------------------------------------------------

Now, if you feel "lucky.........punk" (quoting from Dirty Harry) go right ahead! You "might" even get away with it................for awhile!
But, then..........................................ya just never know. Might be that little car with an odd antenna on it that just got you soooooo curious you can't STAND it is riding beside you in the left lane. You are talking to a buddy just ahead describing this unusual antenna. The little car is using one of those little keyring recorder thingys to record your info to turn in to the Feds. Ya just never know. Then the boss calls you into the office to explain why he has a letter from FCC...........................

Yeah, it's a crap shoot. Question is, is it WORTH that ONE shot to prove a CB op is "big and bad" and has this BIG radio? REALLY? Is it worth having to jerk that "big" radio OUT of your truck Only YOU can decide that. And only *I* can laugh at the drivers who get caught because I know what the company does when they get these letters! It is really up to only YOU! Now you could just give the 10 thou to ME, and I promise I will use it wisely!

RR

you sure spend a lot of time on something that dosent bother you at all

[dteam270]

LOL jed

[Fredog]

Won't bother me "a-tall" (sic)! Like The FCC Special Counsel for Amateur Enforcement told me, (quote) "You can't regulate STOOPID!" If people decide to do something, they'll do it! (That's why there are people who think they can jump the grand canyon!) And its why there are people who think that, once they have a mike in their hand, they are all-powerful! It's why people who think they are "big and bad" end up like these! Yeah, they're just so "big and bad" wid dem thar extree channels!

************************************************** **********
FEDERAL COMMUNICATIONS COMMISSION ENFORCEMENT BUREAU

Northeast Region Chicago Office
1550 North Northwest Highway, Room 306
Park Ridge, IL 60068

March 21, 2007

CERTIFIED MAIL NO: 7001 1940 0006 2993 3325

RETURN RECEIPT REQUESTED AND FIRST CLASS U.S. MAIL

Mr. Bruce Heimes
Clinton,
IN 47842

NOTICE OF UNLICENSED OPERATION

Case Number: EB-07-CG-152 Document Number: W20073232001

The Chicago Office received information that your Citizens Band Radio Service radio station was being operated illegally and causing interference to Clinton Township Volunteer Fire Department's radio communications. On February 28, 2007, agents from this office inspected the radio station at your location and confirmed that you were operating a Yaesu FT-757, Galaxy DX 99V, Galaxy DX 44V, and General AP Hill DX 2517 which are non-certified CB transceivers. Your transceivers were also connected to RF power amplifiers. By using non-certified equipment, you voided your authority to operate this station. Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S 301. You are hereby warned that operation of radio transmitting equipment without a valid radio station authorization constitutes a violation of the Federal laws cited above and could subject the operator to severe penalties, including, but not limited to, substantial monetary fines, in rem arrest action against the offending radio equipment, and criminal sanctions including imprisonment. (see 47 U.S.C. SS 401, 501, 503 and 510). UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED IMMEDIATELY. You have ten (10) days from the date of this notice to respond with any evidence that you have authority to operate granted by the FCC. Your response should be sent to the address in the letterhead and reference the listed case and document number. Under the Privacy Act of 1974, 5 U.S.C. S 552a(e)(3), we are informing you that the Commission's staff will use all relevant material information before it to determine what, if any, enforcement action is required to ensure your compliance with FCC Rules. This will include any information that you disclose in your reply. You may contact this office if you have any questions. James M. Roop Acting District Director Chicago Office Attachments: Excerpts from the Communications Act of 1934, As Amended Enforcement Bureau, "Inspection Fact Sheet", July 2003

("big, bad reddio, indeed" HA!)

All he has to now do is SNEEZE, and he'll get the fine he richly deserves!

************************************************** ***********

This one is even better :twisted:

Before the Federal Communications Commission Washington, D.C. 20554 ) )

In the Matter of ) File Number: EB-05-HU-045

Marcus A. Roberts )

NAL/Acct. No.: 200732540001 Houston, Texas )

FRN: 0004307195 ) )

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Released: January 3, 2007 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I.

INTRODUCTION

1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Marcus A. Roberts apparently willfully violated Section 301 of the Communications Act of 1934, as amended ("Act"), by operating an unlicensed radio transmitter. We conclude, pursuant to Section 503(b) of the Act, that Mr. Roberts is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000).

II. BACKGROUND

2. In response to a complaint of interference to household electronic equipment, on April 28, 2006, the Commission's Houston Office of the Enforcement Bureau ("Houston Office") issued Mr. Roberts a warning letter advising him that operation of Citizens Band ("CB") radio equipment with greater power than authorized in the Commission's Rules ("Rules") voids the authority to operate the station and is therefore considered unlicensed operation. The letter further advised that unlicensed operation is a violation of Section 301 of the Act, and could subject the operator to penalties including monetary fines.

3. On September 28, 2006, in response to another complaint of interference, agents from the Houston Office inspected the CB station located at Mr. Roberts' residence. During testing of Mr. Roberts' equipment, the agents determined that his CB station was producing the maximum power authorized in the Rules for CB radio stations. The agents verbally warned Mr. Roberts that any operation of his CB radio station with more power than observed during this inspection would be a violation of the Rules. The agents then inspected a CB radio station installed in Mr. Roberts' vehicle. The CB radio station in the vehicle included a CB transmitter and two linear amplifiers. The linear amplifiers observed had the capability to boost the power of the station to several hundred times the authorized power level. Mr. Roberts admitted to operating the amplifiers and exceeding the authorized power limit; but claimed that he only used this equipment outside the neighborhood. The agents again verbally warned Mr. Roberts that the use of linear amplifiers or any device that creates a power greater than the authorized limit is strictly prohibited by the Rules and voids the authority to operate the CB station.

4. On November 8, 2006, an agent with the Houston Office located the source of a strong signal on a CB radio channel using direction finding methods to Mr. Roberts' residence. The agent recognized the voice of the transmissions to be that of Mr. Roberts. The complainant contacted the agent by telephone to report that Mr. Roberts' transmissions were currently causing interference to her home electronic entertainment equipment. Mr. Roberts' voice was simultaneously observed on the vehicle receiver and on the telephone while talking with the complainant. The agent measured the signal strength of the radio transmissions from Mr. Roberts' radio station with a spectrum analyzer. Agents from the Houston Office then conducted an inspection of Mr. Roberts' CB station. Mr. Roberts admitted he had been operating the radio station prior to the start of this inspection. A wattmeter determined the power of Mr. Roberts' transmitter during the inspection to be four watts, the maximum authorized under the Rules. The complainant was contacted and was not receiving any interference from Mr. Roberts' transmitter while the agents tested the equipment. Without adjusting the output power of the transmitter, the agents conducted a second signal strength measurement, and this second measurement showed a reduction in power from the first measurement by a factor of 10. When asked about the obvious change in power levels, Mr. Roberts offered no explanation.

III. DISCUSSION

5. Section 503(b) of the Act provides that any person who willfully or repeatedly fails to comply substantially with the terms and conditions of any license, or willfully or repeatedly fails to comply with any of the provisions of the Act or of any rule, regulation or order issued by the Commission thereunder, shall be liable for a forfeiture penalty. The term "willful" as used in Section 503(b) has been interpreted to mean simply that the acts or omissions are committed knowingly. 6. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Section 95.410(a) of the Rules states that CB station transmitter output must not exceed 4 watts carrier power. Section 95.410(c) of the Rules also states that use of a transmitter which has carrier power in excess of that authorized voids your authority to operate the station. On November 8, 2006, agents from the Houston Office determined that Mr. Roberts operated his CB station with power greater than 4 watts carrier power. On April 28 and September 28, 2006, Mr. Roberts was warned that operation of his CB station in excess of 4 watts output power violated the Rules and voided his authority to operate his CB station. Because Mr. Roberts violated the CB Rules by operating overpower, he voided his authority to operate his CB station pursuant to Section 95.404 of the Rules. Based on the evidence before us, we find that on November 8, 2006, Mr. Roberts willfully violated Section 301 of the Act by operating a radio transmitter, his CB station, without authorization from the Commission.

7. Pursuant to The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the base forfeiture amount for operating without an instrument of authorization is $10,000. In assessing the monetary forfeiture amount, we must also take into account the statutory factors set forth in Section 503(b)(2)(D) of the Act, which include the nature, circumstances, extent, and gravity of the violations, and with respect to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Roberts is apparently liable for a $10,000 forfeiture.

IV. ORDERING CLAUSES

8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Marcus A. Roberts is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act.

9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent Liability for Forfeiture, Marcus A. Roberts SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.

10. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Acct. No. and FRN No. referenced above. Payment by check or money order may be mailed to Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106.

11. The response, if any, must be mailed to Federal Communications Commission, Enforcement Bureau, South Central Region, Houston Office, 9597Jones Road, #362, Houston, Texas, 77065 and must include the NAL/Acct. No. referenced in the caption.

12. The Commission will not consider reducing or canceling a forfeiture in response to a claim of inability to pay unless the petitioner submits: (1) federal tax returns for the most recent three-year period; (2) financial statements prepared according to generally accepted accounting practices ("GAAP"); or (3) some other reliable and objective documentation that accurately reflects the petitioner's current financial status. Any claim of inability to pay must specifically identify the basis for the claim by reference to the financial documentation submitted.

13. Requests for payment of the full amount of this Notice of Apparent Liability for Forfeiture under an installment plan should be sent to:

Associate Managing Director,
Financial Operations,
445 12th Street, S.W., Room 1A625,
Washington, D.C. 20554.

14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Marcus A. Roberts at his address of record. FEDERAL COMMUNICATIONS COMMISSION Stephen P. Lee Resident Agent, Houston Office South Central Region Enforcement Bureau 47 U.S.C. S 301. 47 U.S.C. S 503(b). Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act...." See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 47 C.F.R. S 95.404. 47 C.F.R. S 95.410(a). 47 C.F.R. S 95.410(c). 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S1.80. 47 U.S.C. S 503(b)(2)(D). 47 U.S.C. SS 301, 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80. ^8 See 47 C.F.R. S 1.1914. (...continued from previous page) (continued....) Federal Communications Commission 4 Federal Communications Commission.

-------------------------------------------------------------------------------------

Now, if you feel "lucky.........punk" (quoting from Dirty Harry) go right ahead! You "might" even get away with it................for awhile!
But, then..........................................ya just never know. Might be that little car with an odd antenna on it that just got you soooooo curious you can't STAND it is riding beside you in the left lane. You are talking to a buddy just ahead describing this unusual antenna. The little car is using one of those little keyring recorder thingys to record your info to turn in to the Feds. Ya just never know. Then the boss calls you into the office to explain why he has a letter from FCC...........................

Yeah, it's a crap shoot. Question is, is it WORTH that ONE shot to prove a CB op is "big and bad" and has this BIG radio? REALLY? Is it worth having to jerk that "big" radio OUT of your truck Only YOU can decide that. And only *I* can laugh at the drivers who get caught because I know what the company does when they get these letters! It is really up to only YOU! Now you could just give the 10 thou to ME, and I promise I will use it wisely!

RR

here you go, use it wisely

[greg3564]

Won't bother me "a-tall" (sic)! Like The FCC Special Counsel for Amateur Enforcement told me, (quote) "You can't regulate STOOPID!" If people decide to do something, they'll do it! (That's why there are people who think they can jump the grand canyon!) And its why there are people who think that, once they have a mike in their hand, they are all-powerful! It's why people who think they are "big and bad" end up like these! Yeah, they're just so "big and bad" wid dem thar extree channels!

************************************************** **********
FEDERAL COMMUNICATIONS COMMISSION ENFORCEMENT BUREAU

Northeast Region Chicago Office
1550 North Northwest Highway, Room 306
Park Ridge, IL 60068

March 21, 2007

CERTIFIED MAIL NO: 7001 1940 0006 2993 3325

RETURN RECEIPT REQUESTED AND FIRST CLASS U.S. MAIL

Mr. Bruce Heimes
Clinton,
IN 47842

NOTICE OF UNLICENSED OPERATION

Case Number: EB-07-CG-152 Document Number: W20073232001

The Chicago Office received information that your Citizens Band Radio Service radio station was being operated illegally and causing interference to Clinton Township Volunteer Fire Department's radio communications. On February 28, 2007, agents from this office inspected the radio station at your location and confirmed that you were operating a Yaesu FT-757, Galaxy DX 99V, Galaxy DX 44V, and General AP Hill DX 2517 which are non-certified CB transceivers. Your transceivers were also connected to RF power amplifiers. By using non-certified equipment, you voided your authority to operate this station. Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S 301. You are hereby warned that operation of radio transmitting equipment without a valid radio station authorization constitutes a violation of the Federal laws cited above and could subject the operator to severe penalties, including, but not limited to, substantial monetary fines, in rem arrest action against the offending radio equipment, and criminal sanctions including imprisonment. (see 47 U.S.C. SS 401, 501, 503 and 510). UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED IMMEDIATELY. You have ten (10) days from the date of this notice to respond with any evidence that you have authority to operate granted by the FCC. Your response should be sent to the address in the letterhead and reference the listed case and document number. Under the Privacy Act of 1974, 5 U.S.C. S 552a(e)(3), we are informing you that the Commission's staff will use all relevant material information before it to determine what, if any, enforcement action is required to ensure your compliance with FCC Rules. This will include any information that you disclose in your reply. You may contact this office if you have any questions. James M. Roop Acting District Director Chicago Office Attachments: Excerpts from the Communications Act of 1934, As Amended Enforcement Bureau, "Inspection Fact Sheet", July 2003

("big, bad reddio, indeed" HA!)

All he has to now do is SNEEZE, and he'll get the fine he richly deserves!

************************************************** ***********

This one is even better :twisted:

Before the Federal Communications Commission Washington, D.C. 20554 ) )

In the Matter of ) File Number: EB-05-HU-045

Marcus A. Roberts )

NAL/Acct. No.: 200732540001 Houston, Texas )

FRN: 0004307195 ) )

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Released: January 3, 2007 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I.

INTRODUCTION

1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Marcus A. Roberts apparently willfully violated Section 301 of the Communications Act of 1934, as amended ("Act"), by operating an unlicensed radio transmitter. We conclude, pursuant to Section 503(b) of the Act, that Mr. Roberts is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000).

II. BACKGROUND

2. In response to a complaint of interference to household electronic equipment, on April 28, 2006, the Commission's Houston Office of the Enforcement Bureau ("Houston Office") issued Mr. Roberts a warning letter advising him that operation of Citizens Band ("CB") radio equipment with greater power than authorized in the Commission's Rules ("Rules") voids the authority to operate the station and is therefore considered unlicensed operation. The letter further advised that unlicensed operation is a violation of Section 301 of the Act, and could subject the operator to penalties including monetary fines.

3. On September 28, 2006, in response to another complaint of interference, agents from the Houston Office inspected the CB station located at Mr. Roberts' residence. During testing of Mr. Roberts' equipment, the agents determined that his CB station was producing the maximum power authorized in the Rules for CB radio stations. The agents verbally warned Mr. Roberts that any operation of his CB radio station with more power than observed during this inspection would be a violation of the Rules. The agents then inspected a CB radio station installed in Mr. Roberts' vehicle. The CB radio station in the vehicle included a CB transmitter and two linear amplifiers. The linear amplifiers observed had the capability to boost the power of the station to several hundred times the authorized power level. Mr. Roberts admitted to operating the amplifiers and exceeding the authorized power limit; but claimed that he only used this equipment outside the neighborhood. The agents again verbally warned Mr. Roberts that the use of linear amplifiers or any device that creates a power greater than the authorized limit is strictly prohibited by the Rules and voids the authority to operate the CB station.

4. On November 8, 2006, an agent with the Houston Office located the source of a strong signal on a CB radio channel using direction finding methods to Mr. Roberts' residence. The agent recognized the voice of the transmissions to be that of Mr. Roberts. The complainant contacted the agent by telephone to report that Mr. Roberts' transmissions were currently causing interference to her home electronic entertainment equipment. Mr. Roberts' voice was simultaneously observed on the vehicle receiver and on the telephone while talking with the complainant. The agent measured the signal strength of the radio transmissions from Mr. Roberts' radio station with a spectrum analyzer. Agents from the Houston Office then conducted an inspection of Mr. Roberts' CB station. Mr. Roberts admitted he had been operating the radio station prior to the start of this inspection. A wattmeter determined the power of Mr. Roberts' transmitter during the inspection to be four watts, the maximum authorized under the Rules. The complainant was contacted and was not receiving any interference from Mr. Roberts' transmitter while the agents tested the equipment. Without adjusting the output power of the transmitter, the agents conducted a second signal strength measurement, and this second measurement showed a reduction in power from the first measurement by a factor of 10. When asked about the obvious change in power levels, Mr. Roberts offered no explanation.

III. DISCUSSION

5. Section 503(b) of the Act provides that any person who willfully or repeatedly fails to comply substantially with the terms and conditions of any license, or willfully or repeatedly fails to comply with any of the provisions of the Act or of any rule, regulation or order issued by the Commission thereunder, shall be liable for a forfeiture penalty. The term "willful" as used in Section 503(b) has been interpreted to mean simply that the acts or omissions are committed knowingly. 6. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Section 95.410(a) of the Rules states that CB station transmitter output must not exceed 4 watts carrier power. Section 95.410(c) of the Rules also states that use of a transmitter which has carrier power in excess of that authorized voids your authority to operate the station. On November 8, 2006, agents from the Houston Office determined that Mr. Roberts operated his CB station with power greater than 4 watts carrier power. On April 28 and September 28, 2006, Mr. Roberts was warned that operation of his CB station in excess of 4 watts output power violated the Rules and voided his authority to operate his CB station. Because Mr. Roberts violated the CB Rules by operating overpower, he voided his authority to operate his CB station pursuant to Section 95.404 of the Rules. Based on the evidence before us, we find that on November 8, 2006, Mr. Roberts willfully violated Section 301 of the Act by operating a radio transmitter, his CB station, without authorization from the Commission.

7. Pursuant to The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the base forfeiture amount for operating without an instrument of authorization is $10,000. In assessing the monetary forfeiture amount, we must also take into account the statutory factors set forth in Section 503(b)(2)(D) of the Act, which include the nature, circumstances, extent, and gravity of the violations, and with respect to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Roberts is apparently liable for a $10,000 forfeiture.

IV. ORDERING CLAUSES

8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Marcus A. Roberts is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act.

9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent Liability for Forfeiture, Marcus A. Roberts SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.

10. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Acct. No. and FRN No. referenced above. Payment by check or money order may be mailed to Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106.

11. The response, if any, must be mailed to Federal Communications Commission, Enforcement Bureau, South Central Region, Houston Office, 9597Jones Road, #362, Houston, Texas, 77065 and must include the NAL/Acct. No. referenced in the caption.

12. The Commission will not consider reducing or canceling a forfeiture in response to a claim of inability to pay unless the petitioner submits: (1) federal tax returns for the most recent three-year period; (2) financial statements prepared according to generally accepted accounting practices ("GAAP"); or (3) some other reliable and objective documentation that accurately reflects the petitioner's current financial status. Any claim of inability to pay must specifically identify the basis for the claim by reference to the financial documentation submitted.

13. Requests for payment of the full amount of this Notice of Apparent Liability for Forfeiture under an installment plan should be sent to:

Associate Managing Director,
Financial Operations,
445 12th Street, S.W., Room 1A625,
Washington, D.C. 20554.

14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Marcus A. Roberts at his address of record. FEDERAL COMMUNICATIONS COMMISSION Stephen P. Lee Resident Agent, Houston Office South Central Region Enforcement Bureau 47 U.S.C. S 301. 47 U.S.C. S 503(b). Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act...." See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 47 C.F.R. S 95.404. 47 C.F.R. S 95.410(a). 47 C.F.R. S 95.410(c). 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S1.80. 47 U.S.C. S 503(b)(2)(D). 47 U.S.C. SS 301, 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80. ^8 See 47 C.F.R. S 1.1914. (...continued from previous page) (continued....) Federal Communications Commission 4 Federal Communications Commission.

-------------------------------------------------------------------------------------

Now, if you feel "lucky.........punk" (quoting from Dirty Harry) go right ahead! You "might" even get away with it................for awhile!
But, then..........................................ya just never know. Might be that little car with an odd antenna on it that just got you soooooo curious you can't STAND it is riding beside you in the left lane. You are talking to a buddy just ahead describing this unusual antenna. The little car is using one of those little keyring recorder thingys to record your info to turn in to the Feds. Ya just never know. Then the boss calls you into the office to explain why he has a letter from FCC...........................

Yeah, it's a crap shoot. Question is, is it WORTH that ONE shot to prove a CB op is "big and bad" and has this BIG radio? REALLY? Is it worth having to jerk that "big" radio OUT of your truck Only YOU can decide that. And only *I* can laugh at the drivers who get caught because I know what the company does when they get these letters! It is really up to only YOU! Now you could just give the 10 thou to ME, and I promise I will use it wisely!

RR

Do you really think anyone reads all that crap? :withstupid:

[Fredog]

Ray, These guys are goating you! They have no better thrill in life to aggrevate law abiding people.

Word of advice! QUIT!

I like you, do not condone or participate in unlawful activities, but these guys are just CB Rambo's, that probably own nothing more than a Cobra 25. Real professionals would not participate in this stupidity.

Use your talent and abilities elsewhere, and leave this guys to dream and act stupid.

If the moderators would do their jobs, and not condone the activities they claim to be participating, they would be warned and/or taken from the board. But since you encourage the comedy hour, they get away with it.

If you have something of value to post, then do it, but do not respond to the stupid comments after the fact. I have found myself doing that much to often.

Thanks,

Horseman

yes moderators.. whenever anyone disagrees with Ray, they should be labeled as cb rambos and banned from this forum, only people who agree with him should be allowed, what's wrong with you guys?? cant you do your job??

[Fredog]

Won't bother me "a-tall" (sic)! Like The FCC Special Counsel for Amateur Enforcement told me, (quote) "You can't regulate STOOPID!" If people decide to do something, they'll do it! (That's why there are people who think they can jump the grand canyon!) And its why there are people who think that, once they have a mike in their hand, they are all-powerful! It's why people who think they are "big and bad" end up like these! Yeah, they're just so "big and bad" wid dem thar extree channels!

************************************************** **********
FEDERAL COMMUNICATIONS COMMISSION ENFORCEMENT BUREAU

Northeast Region Chicago Office
1550 North Northwest Highway, Room 306
Park Ridge, IL 60068

March 21, 2007

CERTIFIED MAIL NO: 7001 1940 0006 2993 3325

RETURN RECEIPT REQUESTED AND FIRST CLASS U.S. MAIL

Mr. Bruce Heimes
Clinton,
IN 47842

NOTICE OF UNLICENSED OPERATION

Case Number: EB-07-CG-152 Document Number: W20073232001

The Chicago Office received information that your Citizens Band Radio Service radio station was being operated illegally and causing interference to Clinton Township Volunteer Fire Department's radio communications. On February 28, 2007, agents from this office inspected the radio station at your location and confirmed that you were operating a Yaesu FT-757, Galaxy DX 99V, Galaxy DX 44V, and General AP Hill DX 2517 which are non-certified CB transceivers. Your transceivers were also connected to RF power amplifiers. By using non-certified equipment, you voided your authority to operate this station. Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S 301. You are hereby warned that operation of radio transmitting equipment without a valid radio station authorization constitutes a violation of the Federal laws cited above and could subject the operator to severe penalties, including, but not limited to, substantial monetary fines, in rem arrest action against the offending radio equipment, and criminal sanctions including imprisonment. (see 47 U.S.C. SS 401, 501, 503 and 510). UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED IMMEDIATELY. You have ten (10) days from the date of this notice to respond with any evidence that you have authority to operate granted by the FCC. Your response should be sent to the address in the letterhead and reference the listed case and document number. Under the Privacy Act of 1974, 5 U.S.C. S 552a(e)(3), we are informing you that the Commission's staff will use all relevant material information before it to determine what, if any, enforcement action is required to ensure your compliance with FCC Rules. This will include any information that you disclose in your reply. You may contact this office if you have any questions. James M. Roop Acting District Director Chicago Office Attachments: Excerpts from the Communications Act of 1934, As Amended Enforcement Bureau, "Inspection Fact Sheet", July 2003

("big, bad reddio, indeed" HA!)

All he has to now do is SNEEZE, and he'll get the fine he richly deserves!

************************************************** ***********

This one is even better :twisted:

Before the Federal Communications Commission Washington, D.C. 20554 ) )

In the Matter of ) File Number: EB-05-HU-045

Marcus A. Roberts )

NAL/Acct. No.: 200732540001 Houston, Texas )

FRN: 0004307195 ) )

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Released: January 3, 2007 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I.

INTRODUCTION

1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Marcus A. Roberts apparently willfully violated Section 301 of the Communications Act of 1934, as amended ("Act"), by operating an unlicensed radio transmitter. We conclude, pursuant to Section 503(b) of the Act, that Mr. Roberts is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000).

II. BACKGROUND

2. In response to a complaint of interference to household electronic equipment, on April 28, 2006, the Commission's Houston Office of the Enforcement Bureau ("Houston Office") issued Mr. Roberts a warning letter advising him that operation of Citizens Band ("CB") radio equipment with greater power than authorized in the Commission's Rules ("Rules") voids the authority to operate the station and is therefore considered unlicensed operation. The letter further advised that unlicensed operation is a violation of Section 301 of the Act, and could subject the operator to penalties including monetary fines.

3. On September 28, 2006, in response to another complaint of interference, agents from the Houston Office inspected the CB station located at Mr. Roberts' residence. During testing of Mr. Roberts' equipment, the agents determined that his CB station was producing the maximum power authorized in the Rules for CB radio stations. The agents verbally warned Mr. Roberts that any operation of his CB radio station with more power than observed during this inspection would be a violation of the Rules. The agents then inspected a CB radio station installed in Mr. Roberts' vehicle. The CB radio station in the vehicle included a CB transmitter and two linear amplifiers. The linear amplifiers observed had the capability to boost the power of the station to several hundred times the authorized power level. Mr. Roberts admitted to operating the amplifiers and exceeding the authorized power limit; but claimed that he only used this equipment outside the neighborhood. The agents again verbally warned Mr. Roberts that the use of linear amplifiers or any device that creates a power greater than the authorized limit is strictly prohibited by the Rules and voids the authority to operate the CB station.

4. On November 8, 2006, an agent with the Houston Office located the source of a strong signal on a CB radio channel using direction finding methods to Mr. Roberts' residence. The agent recognized the voice of the transmissions to be that of Mr. Roberts. The complainant contacted the agent by telephone to report that Mr. Roberts' transmissions were currently causing interference to her home electronic entertainment equipment. Mr. Roberts' voice was simultaneously observed on the vehicle receiver and on the telephone while talking with the complainant. The agent measured the signal strength of the radio transmissions from Mr. Roberts' radio station with a spectrum analyzer. Agents from the Houston Office then conducted an inspection of Mr. Roberts' CB station. Mr. Roberts admitted he had been operating the radio station prior to the start of this inspection. A wattmeter determined the power of Mr. Roberts' transmitter during the inspection to be four watts, the maximum authorized under the Rules. The complainant was contacted and was not receiving any interference from Mr. Roberts' transmitter while the agents tested the equipment. Without adjusting the output power of the transmitter, the agents conducted a second signal strength measurement, and this second measurement showed a reduction in power from the first measurement by a factor of 10. When asked about the obvious change in power levels, Mr. Roberts offered no explanation.

III. DISCUSSION

5. Section 503(b) of the Act provides that any person who willfully or repeatedly fails to comply substantially with the terms and conditions of any license, or willfully or repeatedly fails to comply with any of the provisions of the Act or of any rule, regulation or order issued by the Commission thereunder, shall be liable for a forfeiture penalty. The term "willful" as used in Section 503(b) has been interpreted to mean simply that the acts or omissions are committed knowingly. 6. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Section 95.410(a) of the Rules states that CB station transmitter output must not exceed 4 watts carrier power. Section 95.410(c) of the Rules also states that use of a transmitter which has carrier power in excess of that authorized voids your authority to operate the station. On November 8, 2006, agents from the Houston Office determined that Mr. Roberts operated his CB station with power greater than 4 watts carrier power. On April 28 and September 28, 2006, Mr. Roberts was warned that operation of his CB station in excess of 4 watts output power violated the Rules and voided his authority to operate his CB station. Because Mr. Roberts violated the CB Rules by operating overpower, he voided his authority to operate his CB station pursuant to Section 95.404 of the Rules. Based on the evidence before us, we find that on November 8, 2006, Mr. Roberts willfully violated Section 301 of the Act by operating a radio transmitter, his CB station, without authorization from the Commission.

7. Pursuant to The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the base forfeiture amount for operating without an instrument of authorization is $10,000. In assessing the monetary forfeiture amount, we must also take into account the statutory factors set forth in Section 503(b)(2)(D) of the Act, which include the nature, circumstances, extent, and gravity of the violations, and with respect to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Roberts is apparently liable for a $10,000 forfeiture.

IV. ORDERING CLAUSES

8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Marcus A. Roberts is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act.

9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent Liability for Forfeiture, Marcus A. Roberts SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.

10. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Acct. No. and FRN No. referenced above. Payment by check or money order may be mailed to Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106.

11. The response, if any, must be mailed to Federal Communications Commission, Enforcement Bureau, South Central Region, Houston Office, 9597Jones Road, #362, Houston, Texas, 77065 and must include the NAL/Acct. No. referenced in the caption.

12. The Commission will not consider reducing or canceling a forfeiture in response to a claim of inability to pay unless the petitioner submits: (1) federal tax returns for the most recent three-year period; (2) financial statements prepared according to generally accepted accounting practices ("GAAP"); or (3) some other reliable and objective documentation that accurately reflects the petitioner's current financial status. Any claim of inability to pay must specifically identify the basis for the claim by reference to the financial documentation submitted.

13. Requests for payment of the full amount of this Notice of Apparent Liability for Forfeiture under an installment plan should be sent to:

Associate Managing Director,
Financial Operations,
445 12th Street, S.W., Room 1A625,
Washington, D.C. 20554.

14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Marcus A. Roberts at his address of record. FEDERAL COMMUNICATIONS COMMISSION Stephen P. Lee Resident Agent, Houston Office South Central Region Enforcement Bureau 47 U.S.C. S 301. 47 U.S.C. S 503(b). Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act...." See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 47 C.F.R. S 95.404. 47 C.F.R. S 95.410(a). 47 C.F.R. S 95.410(c). 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S1.80. 47 U.S.C. S 503(b)(2)(D). 47 U.S.C. SS 301, 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80. ^8 See 47 C.F.R. S 1.1914. (...continued from previous page) (continued....) Federal Communications Commission 4 Federal Communications Commission.

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Now, if you feel "lucky.........punk" (quoting from Dirty Harry) go right ahead! You "might" even get away with it................for awhile!
But, then..........................................ya just never know. Might be that little car with an odd antenna on it that just got you soooooo curious you can't STAND it is riding beside you in the left lane. You are talking to a buddy just ahead describing this unusual antenna. The little car is using one of those little keyring recorder thingys to record your info to turn in to the Feds. Ya just never know. Then the boss calls you into the office to explain why he has a letter from FCC...........................

Yeah, it's a crap shoot. Question is, is it WORTH that ONE shot to prove a CB op is "big and bad" and has this BIG radio? REALLY? Is it worth having to jerk that "big" radio OUT of your truck Only YOU can decide that. And only *I* can laugh at the drivers who get caught because I know what the company does when they get these letters! It is really up to only YOU! Now you could just give the 10 thou to ME, and I promise I will use it wisely!

RR

Do you really think anyone reads all that crap? :withstupid:

Dont you? I didnt know 10 meters were illegal.. no one ever mentioned it before

[countryhorseman]

yes moderators.. whenever anyone disagrees with Ray, they should be labeled as cb rambos and banned from this forum, only people who agree with him should be allowed, what's wrong with you guys?? cant you do your job?? [/color]

No Fredog, that was not the point! The point is that guys like you, that post just to instigate and aggrevate, with no substance, fact or interesting to add to the topic. I have read few if any post from you that have a point, other than being aggrevating. That was the point!

i think i just peed myself. sometimes you gotta entertain yourself, and i just used the arrogant asses like radio ray and country horseman to do it. thank you for promptly getting on your highhorse and making me laugh. and ray the "accent" of the rednack trucker you do shows what a pompous ass you are.

[countryhorseman]

i think i just peed myself. sometimes you gotta entertain yourself, and i just used the arrogant asses like radio ray and country horseman to do it. thank you for promptly getting on your highhorse and making me laugh. and ray the "accent" of the rednack trucker you do shows what a pompous ass you are.

You may want to look in the mirror!!

[Hat Rak]

I'm having enough trouble getting my TNC up and running for APRS, seeing, let alone reading, all that legalese just sent me into a coma.

[Fredog]

yes moderators.. whenever anyone disagrees with Ray, they should be labeled as cb rambos and banned from this forum, only people who agree with him should be allowed, what's wrong with you guys?? cant you do your job?? [/color]

No Fredog, that was not the point! The point is that guys like you, that post just to instigate and aggrevate, with no substance, fact or interesting to add to the topic. I have read few if any post from you that have a point, other than being aggrevating. That was the point!

thats because the only threads you read are the ones about radios. I have taken part in many dicussions and even believe it or not helped people..

i just looked in the mirror, thanks for the advice..i almost forgot what a good looking son bitch i am. thanks again.

[Twilight Flyer]

If the moderators would do their jobs, and not condone the activities they claim to be participating, they would be warned and/or taken from the board. But since you encourage the comedy hour, they get away with it.

That was uncalled for.

First of all, let's get something straight right off the bat. This is a trucking board - not a Ham Radio board. What we have here is a non-trucker complaining because CBer's are bleeding over into his precious 10-meters. And to date, he is still here. Imagine that. We moderate under guidelines that have been set down for us by the owner of the board and one of those big guidelines is to not over-moderate. This falls right into that bucket.

As far as Ray goes, he slams on truckers all the time and they turn around and slam back. At the moment, it has never gotten to the point where we had to hand out bans. It has been mildly entertaining for both sides, apparently. But I guarantee you that if it gets to that point, Ray would be the first to go.

Hope that clears things up.

[greg3564]

If the moderators would do their jobs, and not condone the activities they claim to be participating, they would be warned and/or taken from the board. But since you encourage the comedy hour, they get away with it.

That was uncalled for.

First of all, let's get something straight right off the bat. This is a trucking board - not a Ham Radio board. What we have here is a non-trucker complaining because CBer's are bleeding over into his precious 10-meters. And to date, he is still here. Imagine that. We moderate under guidelines that have been set down for us by the owner of the board and one of those big guidelines is to not over-moderate. This falls right into that bucket.

As far as Ray goes, he slams on truckers all the time and they turn around and slam back. At the moment, it has never gotten to the point where we had to hand out bans. It has been mildly entertaining for both sides, apparently. But I guarantee you that if it gets to that point, Ray would be the first to go.

Hope that clears things up.

:rock:
Well said.